The Registrar of Companies (ROC) in Hyderabad has issued an order imposing penalties on WEISS TECHNIK INDIA PRIVATE LIMITED and its directors for violating Section 203(5) of the Companies Act, 2013. The company itself filed the application for adjudication, admitting its failure to appoint a whole-time company secretary for the period from November 2, 2018, to April 24, 2019. Following an e-hearing, the adjudicating authority reviewed the case and the submissions from the company’s representatives. While one director, Malik Girish, requested that the penalty only apply to his period of directorship from April 1, 2019, the order imposes penalties on all directors involved during the default period. The company has been penalized ₹5,00,000, while the four directors—Mohammed Abdul Gaffar, Malik Girish, Ingo Ansgar Fink, and Peter Kuisle—have been fined varying amounts. The order directs the company and its directors to pay the penalties within 90 days from their personal income and provides a 60-day window for filing an appeal.
GOVERNMENT OF INDIA
MINISTRY OF CORPORATE AFFAIRS
ROC Hyderabad
Registrar Of Companies, 2nd Floor, Corporate Bhawan, GSI Post, Nagole, Bandlaguda, Hyderabad, Telangana, India-500068
Phone: 040-29805427/29804327, E-mail: roc.hyderabad@mca.gov.in
Order ID: PO/ADJ/07-2025/HD/00487 Dated: 22/07/2025
ORDER FOR ADJUDICATION OF PENALTY UNDER SECTION 454 OF THE COMPANIES ACT, 2013 (‘THE ACT’) FOR VIOLATION OF SECTION 203(5) OF THE COMPANIES ACT, 2013.
A. Appointment of Adjudicating Officer:
Ministry of Corporate Affairs vide its Gazette notification number S.O. 5459(E) dated 26/10/2018 appointed undersigned as Adjudicating Officer in exercise of the powers conferred by section 454 of the Companies Act, 2013 [herein after known as Act] read with Companies (Adjudication of Penalties) Rules, 2014 for adjudging penalties under the provisions of this Act..
B. Company details:
In the matter relating to WEISS TECHNIK INDIA PRIVATE LIMITED [herein after known as Company] bearing CIN U28990TG2011FTC075679, is a company registered with this office under the Provisions of the Companies Act, 2013/1956 having its registered office situated at Legend Gold Leaf, 3rd Floor, H No. 3-4-559 to 3-4-566, Narayanaguda Legend Gold Leaf, 3rd Floor, H No. 3-4-559 to 3-4-566, Narayanaguda Narayanaguda Hyderabad Hyderabad Telangana India 500029
Individual details:
In the matter relating to MOHAMMED ABDUL GAFFAR [herein after known as individual] having DIN 00354832 and having its address at 402 Sumiit Residency 3-5-575 and 575/1,Vittalvadi Himayathnagar,Hyderabad,500029,Telangana,India 402 Sumiit Residency 3-5-575 and 575/1,Vittalvadi Himayathnagar,Hyderabad,500029,Telangana,India Hyderabad Hyderabad Telangana India 500029
In the matter relating to MALIK GIRISH [herein after known as individual] having DIN 00355785 and having its address at 6237, B-9, Vasant Kunj,South West Delhi,DELHI,110070,Delhi,India 6237, B-9, Vasant Kunj,South West Delhi,DELHI,110070,Delhi,India Delhi Delhi Delhi India 110070
In the matter relating to INGO ANSGAR FINK [herein after known as individual] having DIN 06377972 and having its address at An den Mainwiesen 22 An den Mainwiesen 22 Mainhausen Mainhausen Mainhausen Germany 63533
In the matter relating to PETER KUISLE [herein after known as individual] having DIN 07630597 and having its address at GUELLGASSE 13 GUELLGASSE 13 WETZLAR NA Germany 35578
C. Provisions of the Act:
If any company makes any default in complying with the provisions of this section, such company shall be liable to a penalty of five lakh rupees and every director and key managerial personnel of the company who is in default shall be liable to a penalty of fifty thousand rupees and where the default is a continuing one, with a further penalty of one thousand rupees for each day after the first during which such default continues but not exceeding five lakh rupees.
D. Facts about the case:
1. Default committed by the officers in default/noticee – Company has submitted an application dated 19.11.2024 for adjudication of offence under section 203 of the Companies Act, 2013 read with Rule 8A of the Companies (Appointment and Remuneration of Managerial Personnel) Rule 2014. regarding non-appointment of Whole Time Company Secretary during the period from 02.11.2018 to 24.04.2019.
2. Company and other respondents have opted for e-hearing and the same has been held on 07.05.2025.
E. Order:
1. The Company, M/s WEISS TECHNIK INDIA PRIVATE LIMITED, CIN-U28990TG2011FTC075679 has submitted an application dated 19.11.2024 for adjudication of offence under section 203 of the Companies Act, 2013 read with Rule 8A of the Companies (Appointment and Remuneration of Managerial Personnel) Rule 2014. Regarding non-appointment of Whole Time Company Secretary during the period from 02.11.2018 to 24.04.2019. E-Show Cause Notice dated 28.03.2025 was issued to the company, Directors and Key Managerial Personnel of the company who were in default. E-Adjudication hearing was held on 7.5.2025. The Authorised Representative of one of the noticee, i.e Sri. Malik Gireesh, DIN-06377972 has requested to consider default period related to his directorship only from 01.04,2019 to 24.04.2019 and has submitted that necessary steps were taken for appointment of company secretary after he joined the Company. From the signatory details of the company, it is observed that the company and other noticee in the matter during the following period of the default were on the Board of the company as directors. The adjudicating authority based on the adjudication application and the information available in MCA Portal in respect of the company and after considering the submission from the noticees/AR in the e-adjudication hearing, do hereby impose the penalty as per the provisions of section 203(5) of the Companies Act, 2013.
2. The details of penalty imposed on the company, officers in default and others are shown in the table below:
| (A) | Name of person on whom penalty imposed (B) | Rectification of Default required (C) | Penalty Amount (D) | Additional Penalty (E) (*Per day of continuing default i.e. date of rectification of default less order issue date) | Maximum limit for Penalty (F) |
| 1 | WEISS TECHNIK INDIA PRIVATE LIMITED having CIN as U28990TG2011F TC075679 | 02.11.2018 to
24.04.2019 |
500000 | 0 | 500000 |
| 2 | MOHAMMED ABDUL GAFFAR having DIN as 00354832 | 02.11.2018 to
01.04.2019 |
200000 | 150000 | 500000 |
| 3 | MALIK GIRISH having DIN as
00355785 |
01.04.2019 to
24.04.2019 |
73000 | 23000 | 500000 |
| 4 | INGO ANSGAR FINK having DIN as 06377972 | 02-11-2018 to
24.04.2019 |
223000 | 173000 | 500000 |
| 5 | PETER KUISLE having DIN as
07630597 |
02-11-2018 to
24.04.2019 |
223000 | 173000 | 500000 |
3. The notified officers in default/noticee shall rectify the default mentioned above and pay the penalty, so applicable within 90 days of receipt of the order.
4. The notified officers in default/noticee shall pay the penalty amount via ‘e-Adjudication’ facility which can be accessed through the respective login IDs on the website of Ministry of Corporate Affairs and upload the copy of paid challan / SRN of e-filing (if applicable) on the ‘e-Adjudication’ portal itself. It is also directed that the penalty so imposed upon the officers in default shall be paid from their personal sources/income.
5. Appeal against this order may be filed in writing with the Regional Director, RD Hyderabad within a period of sixty days from the date of receipt of this order, in Form ADJ setting for the grounds of appeal and shall be accompanied by a certified copy of this order [Section 454 (5) & 454 (6) of the Act, read with Companies (Adjudication of Penalties) Rules, 2014].
6. For penal consequences of non-payment of penalty within the prescribed time limit, please refer Section 454(8) of the Companies Act, 2013.
Parvinder Singh,
Registrar of Companies
ROC Hyderabad
